Obamacare Losing In The Courts

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    Oct 15, 2010 3:23 AM GMT
    Great news!

    A federal judge in Florida on Thursday said he will allow some of the lawsuit challenging the constitutionality of the health care law to proceed — and criticized Democrats for making an “Alice in Wonderland” argument to defend the law.

    U.S. District Judge Roger Vinson allowed two major counts to proceed: the states’ challenge to the controversial requirement that nearly all Americans buy insurance and a required expansion of the Medicaid program.

    And more....

    In his ruling, Vinson criticized Democrats for seeking to have it both ways when it comes to defending the mandate to buy insurance. During the legislative debate, Republicans chastised the proposal as a new tax on the middle class. Obama defended the payment as a penalty and not a tax, but the Justice Department has argued that legally, it’s a tax.

    So, how can they have it both ways? Is it a penalty? Or a tax?

    Vinson ruled that it’s a penalty, not a tax, and must be defended under the Commerce Clause and not Congress’s taxing authority.

    Which is what I've been saying on here all along.

    And it will fail when argued that it is permitted under the Commerce Clause.

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    Oct 16, 2010 11:00 PM GMT
    We shall see... but this is definitely a shot across the bow to the Democrats that they are on pretty shaky ground with Obamacare.